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Scottish Court of Session Decisions >>
M'Leod of Cadboll v Ross of Prestonhall and Others. [1768] Mor 8793 (18 February 1768)
URL: http://www.bailii.org/scot/cases/ScotCS/1768/Mor218793-170.html
Subject_1 MEMBER of PARLIAMENT. Subject_2 DIVISION IV.
Decisions common to qualifications upon the old extent and valuation.
Subject_3 SECT. V.
Freeholders must be infeft on proper Titles, and their infeftments recorded, year and day before Enrolment.
M'Leod of Cadboll v. Ross of Prestonhall and Others
Date: 18 February 1768 Case No. No 170.
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Every legal objection to the infeftment is fatal to the enrolment. The instrument of sasine upon a disposition of three several subjects, bearing delivery of infeftment of two of them only, omitting the third, the disponees were ordered to be struck off the roll, though the claim of ‘acta erant hæc,’ &c. specified the whole subjects; from whence it was presumeable, that infeftment had actually been taken upon all the three, and that the defect arose merely from an omission in extending the instrument. See Appendix.
